Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-12-11
QUEER MARRIAGE LAWS.
One Sort for White and Another for Col
ored People In Delaware.

One Sort for White and Another for Col
ored People In Delaware.
Wilmington Litter, in Ncw York Sun.
Tho marriage laws of this State are rath-
er unique in some respects. Every white
couple who wish to marry must take OUT
marriage license and give bond to the
State, with good security, in the penal sum
of 500, with condition that if E and
- may lawfully unite themselves in
marriage, and if there be no legal objection
to celebrating the rites of marriage between
them, then the said obligation shall be
void, otherwise IN force" This license
costs 81, with an additional fee of 80 cents
to the clerk Of ghe peace clerk OF the
courts who issues them. Justices OF the
peace can issue the same licenses, however,
by buying them Of the clerk of the peace
for 81 30 each; tLen the justice charges IS
apiece for them, SO rs TO get back enough
to give him his 80 cent fee, The bonds, as
a rule, are signed by men Of straw, as they
are of no value, although filed IN the ar
chives of the court.
Secondly-The necessity OF n license can
be obviated by observing this section OF
the general medley Of statutory laws,
under which little Delaware Is almost
buried:
~ = y But such preacher or Mayor
shall not solemnize a marriage TO which
any white person is Il party without a
license legally issued, unless the bans OF
such marriage shall have been published
at some place of stated religious worship
within the hundred township in other
States) Of the woman's residence, on two
Sab5aths Immediately after divine service,
aud no Ohiec:ion made to such marriage,
under penalty OF being deemed guilty OF o
misdemeanOr and fined $50"
Thirdly-That portion Of the marriage
laws relating to co!ored people IL a relic OF
the slavery days; but it is still in force,
mrinly by the consent of the colored folk
themselves, who save dollars by the law
made for their especial benefit" The
section reads:
Negroes or ~mulattoes may be married
without license or publication or hans,
provided that each party being free) shall!
produce the Ger .ifica.e of q Justice of the
county that such party has made before
him satisfactory proof Of freedom; or (be.
ing servant shall produce The
written consent of his master or mistress
to the marriage; and, il any persian shall
sOlemnize such marriage, without such
certificate or consent, he shall forfeit and
pay, 10 anyone who will sue, $2O-One-
half for the use of the school fund. II q
free person marry with a servant without
such consent, such person shall forfeit and
pay, if a man, $50; if n woman, Si5, to the
master or mistress of the servant"
For the certificate or permit issued the
applicant pays the Justice 80 cents. Most
colored couples when about to marry pro-
cure a certificate. Those who do not are
not intorfered with, and no marriage has
yet been questioned where the section Just
quoted was not complied with.
FolIowiugis the copy of a permit recently
issued by a Justice:
GEORGETOWN, DEL, Sept. %, 81.
| hereby certify that Henry Wiley and
Leah J. Ingram, both colored, have ap
peared before ME, John l.. Thompson, orc
of the Justices of the Peace for the State
of Delaware, and made satisfactory proof
of freedom, etc, and may, by virtue OF
section 4, chapter "a, Revised Code Of
Delaware, he legally united in matrimony
by virtue thereof. To any minister of the
Gospel or other person duly authorized TO
solemnize marriages. Witness band and seal
of Justice, September 90, 1887.
JOHN l.. THOMPSON, J. p"
1t will thus be seen that the law fayors
the colored people to the extent Of 81, yet
there are complaints that the Delaware
laws discriminate against the colored peo-
pie, az will be.seen by the following letter
written To a lawyer in this city by an in
dignant clergyman:
81 enclose for your inspection an instru-
ment which purports TO be a marriage GER
tifcate under the laws of Delaware. but is
in reality simply a permit" under the
old slave code. II is one Of several which,
in the exercise Of my Office as minister Of
the Gospel, l have received from colored
people applying to me to be married. You
will see unless | am very much MISTAKEN
that the practice Of furnishing these 30
called certificates of freedom by a justice
of the peace is not only an imperti-
hence and an insult to that class Of
c~itiz.Ds, but n controversion Of that article
Of tie Constitution Of the United States
which provides that laws shall be enacted
without discrimination OF race or color"
This is only one OF the many features TO
be found in the statutes of this State.
Her tioafs